The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1887-09-02
FOR THE SETTLERS.
Congressman Lind Comments Up
on Petition to set Aside CertI-
ficates to Railroad Lands.

Congressman John Lind has forward
ed to the commissioner of the general
land office a petition of the settlers of
Brown county upon lands along the lines
of the Winona 4 st. Peter road asking
the commissioner to recommend certain
suits to set aside certificates to the rail-
roads in that section for certain lands
enormously granted. The Pioneer Press
Friday contains the following comments
of Mr.. Lind in endorsing the petition:
All OF these lands are occupied or inn
proved by settlers. many of whom have
resided nearly quarter OF a century on
the lands they claim. They are now
threatened by ejectment suits. Some
have been brought by the companies;
and unless the government takes hold
of the matter in behalf of the settlers l
fear they will be unable to defend their
homes and protect their interests against
the power and resources of these COR
poratIOns. All the tracts, except u few
at the bottom of the list, were covered
by valid and subsisting homestead en-
tries at the time of the WInona & st.
Peter Railroad company's right to the
land in the townships named. They are
all within the granted limits of the Wi
mona d st. Peter Railroad company and
outside the granted limits of the st.
Paul 4 Sioux City Railroad company.
Hence, under the decision of the SUI
preme court of the United States in st.
Paul & Sioux City Railroad Company,
vs.. Winona x st. Peter Railroad Com
pany, the st. Paul & Sioux City Railroad
Company can have no claim to them;
and the claim of that company has been
set aside as against the Winona 4 st.
st. Peter Railroad company. 1t may be
suggested that the original act granting
lands to the Wlnona d st. Peter (transit)
Railroad company does not except
homsteads from the donation, but it will
be borne in mind that the homestead
act did not become law until later.
The act does, however, provide that in
case it shall appear that the United
States has, when the lines or routes of
said roads and branches are definitely
fixed, sold any sections or any sections
or any parts thereof, or that the right of
presumption has attached to the same,
than it shall be lawful for any agent or
agents to be appointed by the governor
of said territory or future state to select,
subject to the approval of the secretary
of the interior, from the lands of the
United States nearest to the tiers of sec
tons above specified, SO much land in
alternate sections or parts of sections as
shall be equal to such lands as the Unit
ed States has sold or otherwise appro-
priated, or to which the rights of pre-
emption have attached as aforesaid;
which lands shall be held by the terri
tory or future state of Minnesota for the
use and purpose aforesaid. But as to
the even-numbered sections included in
the petition 1t will be found OH exami-
nation that there was absolutely no war;
rant or authority in the law for certify
ing them to the railroad company, for
the company had no title or claim to the
lands that it purported to relinquish in
lieu of them. There are several thou
sand acres more in the same condition,
to which shall take the liberty to call
Your attention later.